Was Your Preexisting Injury Exacerbated in a New Accident?

While some people who are injured in accidents had a perfectly clean bill of health prior to their new injury, it is also not uncommon for individuals to suffer from preexisting injuries at the time of an accident. Having a preexisting injury doesn’t mean that a person won’t be able to recover compensation for a new injury. Prior injuries, however, can complicate the pursuit of legal action for the new injury, which is why it’s so important for those who find themselves in this situation, to reach out to an experienced personal injury lawyer for advice.

Prior Injuries Can Pose Problems in New Personal Injury Cases 

Often, a prior injury or medical condition will have no bearing on a new accident case. An existing rotator cuff injury at the time of a car accident, for instance, won’t have any bearing on a claim for compensation for a broken leg. Things could, however, become a lot more complicated if the new injury is in the same area as a prior injury or condition. In these cases, a claimant’s legal team will need to help prove that the new injury made the older condition worse. Aggravated injuries are compensable, as previous injuries aren’t considered an excuse for not holding a negligent party accountable for his or her carelessness. However, defense attorneys can and do often argue that a preexisting injury wasn’t worsened at all and that the claimant is attempting to unfairly obtain compensation for an old injury.

Proving the Aggravation of a Preexisting Injury 

In Florida, courts don’t just presume that a recent accident worsened an old injury. Instead, a claimant will need to clearly assert this and then support the claim with strong evidence. This will likely require the production of prior medical records from before the accident, as well as medical records from after the new injury. In preexisting injury cases it is also often necessary to have a medical expert testify, explaining how a new accident worsened an existing condition. Injured claimants will also need to ask for special damages for the aggravation of the earlier injury, providing a breakdown of the new costs that he or she has and will incur as a result. Compiling this evidence can be complicated, especially for those who are trying to focus on their physical recovery. This is where an experienced attorney can make all the difference in the outcome of a case.

Schedule a Meeting with Our Legal Team Today 

Complications can arise when pursuing any type of civil legal claim, but cases involving the aggravation of preexisting injuries tend to be particularly complex. Fortunately, as one of the longest-running personal injury firms in central Florida, the team of Tampa personal injury lawyers and dedicated support staff at Anderson & Anderson have a lot of experience handling these types of complicated cases. We are also well-versed in our county’s court system and procedural rules and so can help claimants avoid making avoidable errors that could negatively affect their cases. Call our office at 813-251-0072 and let us put our resources and experience to work in your own case.

Sources: 

5dca.flcourts.gov/content/download/833313/opinion/201595_DC08_03252022_081328_i.pdf

floridabar.org/rules/florida-standard-jury-instructions/civil-jury-instructions/civil-instructions/#500